Senate Bill sb1486c1

    Florida Senate - 2002                           CS for SB 1486

    By the Committee on Criminal Justice; and Senators Wise,
    Smith, Sebesta, Pruitt, Sullivan and Mitchell




    307-1990-02

  1                      A bill to be entitled

  2         An act relating to assault or battery on

  3         specified officials; amending s. 784.081, F.S.;

  4         providing enhanced penalties for the offenses

  5         of assault, battery, aggravated assault, and

  6         aggravated battery if the offense is committed

  7         on the Governor, the Lieutenant Governor, an

  8         elected Cabinet officer, a member of the

  9         Legislature, the mayor or chief head of a

10         municipality, a member of a city council or

11         city commission, a member of a county

12         commission, a public defender, an elected

13         constitutional officer, or an interscholastic

14         sports official; providing an effective date.

15

16  Be It Enacted by the Legislature of the State of Florida:

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18         Section 1.  Section 784.081, Florida Statutes, is

19  amended to read:

20         784.081  Assault or battery on specified officials or

21  employees; reclassification of offenses.--Whenever a person is

22  charged with committing an assault or aggravated assault or a

23  battery or aggravated battery upon the Governor, the

24  Lieutenant Governor, an elected Cabinet officer, a member of

25  the Legislature, the mayor or chief head of a municipality, a

26  member of a city council or city commission, a member of a

27  county commission, a public defender, an elected

28  constitutional officer, or an any elected official or employee

29  of: a school district; a private school; the Florida School

30  for the Deaf and the Blind; a university developmental

31  research school; a state university or any other entity of the

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                           CS for SB 1486
    307-1990-02




  1  state system of public education, as defined in s. 228.041; an

  2  interscholastic sports official as defined in s.

  3  440.02(14)(d)11.; an employee or protective investigator of

  4  the Department of Children and Family Services; or an employee

  5  of a lead community-based provider and its direct service

  6  contract providers, when the person committing the offense

  7  knows or has reason to know the identity or position or

  8  employment of the victim, the offense for which the person is

  9  charged shall be reclassified as follows:

10         (1)  In the case of aggravated battery, from a felony

11  of the second degree to a felony of the first degree.

12         (2)  In the case of aggravated assault, from a felony

13  of the third degree to a felony of the second degree.

14         (3)  In the case of battery, from a misdemeanor of the

15  first degree to a felony of the third degree.

16         (4)  In the case of assault, from a misdemeanor of the

17  second degree to a misdemeanor of the first degree.

18         Section 2.  This act shall take effect July 1, 2002.

19

20          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
21                         Senate Bill 1486

22

23  Reclassifies the felony or misdemeanor degree (as applicable)
    of assault, aggravated assault, battery, and aggravated
24  battery if the victim is the Governor, the Lieutenant
    Governor, an elected Cabinet officer, a member of the
25  Legislature, the mayor or chief head of a municipality, a
    member of a city council or city commission, a member of a
26  county commission, a public defender, an elected
    constitutional officer, or an interscholastic sports official
27  as defined in s. 440.02(14)(d)11.

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CODING: Words stricken are deletions; words underlined are additions.